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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Back in Oct of 2003 I got married in the Philippines, after a few months my wife took off on me and was nowhere to be found, she disappeared from the face of the Earth due to the reason that I didn't want to convert to her religion of Iglesia Ni Cristo (Church of Christ). Recently I was there and found the right person for me, I would like to bring her here. What do I do ? Since I got married in the Philippines does that mean I am legally married here in the States as well ? if not can I just file a fiance petition without a divorce decree ? or am I going to still need a divorce decree ? how would I go about doing this since the wife is nowhere to be found ? If I was asked I feel as if im still single.

I am lost and dont know what exactly what to do. Please help me.

thanks

Filed: Other Country: China
Timeline
Posted
Back in Oct of 2003 I got married in the Philippines, after a few months my wife took off on me and was nowhere to be found, she disappeared from the face of the Earth due to the reason that I didn't want to convert to her religion of Iglesia Ni Cristo (Church of Christ). Recently I was there and found the right person for me, I would like to bring her here. What do I do ? Since I got married in the Philippines does that mean I am legally married here in the States as well ? if not can I just file a fiance petition without a divorce decree ? or am I going to still need a divorce decree ? how would I go about doing this since the wife is nowhere to be found ? If I was asked I feel as if im still single.

I am lost and dont know what exactly what to do. Please help me.

thanks

Married is married. You are married until you secure a divorce. You must prove you are divorced (with a divorce decree) to file a fiance petition. Get going on the divorce before anything else.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted
Back in Oct of 2003 I got married in the Philippines, after a few months my wife took off on me and was nowhere to be found, she disappeared from the face of the Earth due to the reason that I didn't want to convert to her religion of Iglesia Ni Cristo (Church of Christ). Recently I was there and found the right person for me, I would like to bring her here. What do I do ? Since I got married in the Philippines does that mean I am legally married here in the States as well ? if not can I just file a fiance petition without a divorce decree ? or am I going to still need a divorce decree ? how would I go about doing this since the wife is nowhere to be found ? If I was asked I feel as if im still single.

I am lost and dont know what exactly what to do. Please help me.

thanks

Married is married. You are married until you secure a divorce. You must prove you are divorced (with a divorce decree) to file a fiance petition. Get going on the divorce before anything else.

Right, if you married in the Philippines, you are considered married here too. The US recognizes the legal marriages of other nations. You will need to get that divorce as pushbrk says, you should start looking into the specifics of getting a decree in the Philippines.

03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

Posted

here's some info:

Are there foreign divorces that are recognized under Philippine law?

Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law.

US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

Posted

Your question is getting into issues with Philippines law. You are likely going to have to find an attorney who is familiar with Philippines law can help you. You may be able to file a divorce in the US, but its up to Philippines law to recognize it.

keTiiDCjGVo

Filed: AOS (apr) Country: Canada
Timeline
Posted

Juicy stuff man, keep us all posted. :)

I wish you the best of luck. I'd agree with the rest of the gang get a divorce.

If I were you this is what I would do:

A. File your divorce petition like you are supposed to.

B. Get your divorce petition printed in the Philipines where ever your soon to be ex-wife is from and or where ever you got married the reason for this is you publicly tried to announce it to her, if she didnt read its NOT your problem, you now have proof you were actively trying to notify her. A divorce judge will probably easily grant you a divorce on the grounds of abondonement.

C. Make damb sure you get a copy of that newspaper.

D. Make sure you got evidence showing you tried to support her while she was with you and so on to show the judge this will make your life and the process alot easier, once you have all and get your divorce decree don't look back, the rest is on her and enjoy your new life.

Sincerely,

Ramos

da thread killa

Filed: AOS (apr) Country: Canada
Timeline
Posted

Here is what you need to go read.

2311. Irreconcilable differences are those grounds which are

determined by the court to be substantial reasons for not continuing

the marriage and which make it appear that the marriage should be

dissolved.

http://www.leginfo.ca.gov/cgi-bin/displayc...;file=2310-2313

Main url is:

http://www.leginfo.ca.gov/cgi-bin/calawque...dy=&hits=20

Sincerely,

Ramos

da thread killa

Filed: AOS (pnd) Country: Philippines
Timeline
Posted
Back in Oct of 2003 I got married in the Philippines, after a few months my wife took off on me and was nowhere to be found, she disappeared from the face of the Earth due to the reason that I didn't want to convert to her religion of Iglesia Ni Cristo (Church of Christ). Recently I was there and found the right person for me, I would like to bring her here. What do I do ? Since I got married in the Philippines does that mean I am legally married here in the States as well ? if not can I just file a fiance petition without a divorce decree ? or am I going to still need a divorce decree ? how would I go about doing this since the wife is nowhere to be found ? If I was asked I feel as if im still single.

I am lost and dont know what exactly what to do. Please help me.

thanks

hi rosal548,

im speaking in behalf of my USC fiance. you have two has almost the same situation before.

anyway, he got married before in the phils..things didnt work out well so he asked for a divorce.

This is what he did...

- Filed for a Divorce.

> he saw this legal office in Las Vegas, who provides service of Self-Divorce. Since you're former partner was nowhere to find..then this is the best thing that you can do. You just need a signature, from somebody in the phils to sign in the divorce paper - that your former partner is nowhere to find.

it took us 3 months to wait for the divorce result.

- Once you got the divorced paper, you can now apply for the K1 application for your new girlfriend. Just keep in mind, that you must personally meet your new GF prior to this application, so you wouldnt have a problem in the near future with this application.

Dont forget to attached a copy of your divorced paper in form 1-129F.

Now, if you are worrying about the Phils NSO Records. You just need to submit a copy of divorced paper to NSO to clear your name - actually, this matter most on your former partner..since shes the one who is a filipino citizen. you can do this step even after you accomplish the divorced paper or even the fiance visa application..

my fiance, up to now havent submitted yet a copy of his divorced paper to NSO. we're planning to do that by next month..since both of us will be in the phils.

i hope this enlighten you..

best regards,

alexandra

Dong & Dang

12/28/2007.....Sent Packet for AOS application

12/29/2007.....USCIS Chicago received our AOS Packet

01/22/2008.....Date of two NOA1 (I-797C) for I-765-EAD & I-131-Application for Travel Document

[Received in mail last 01/26/07]

01/24/2008.....USCIS Chicago encashed our checks

01/28/2008.....Received NOA1 for I-485 though notice, dated 01/22/2008

01/30/2008.....Received Biometrics schedule, Notice date 01/25/2008

02/15/2008.....Biometrics Schedule

02/20/2008.....Confirmation of receipt of RFE (source:USCIS case online update)

02/21/2008.....touched

03/03/2008.....Issued I-512L, Authorization for Parole of an Alien into the United States

03/06/2008.....Issued EAD Card (Employment Authorization)

04/23/2008.....Received Interview Schedule

06/11/2008.....Interview Schedule - Phoenix, AZ

06/14/2008.....Received Notice for the Approval of AOS Application

06/16/2008.....Received Green Card.

www.annie-thejourney.com

www.unforgettable-weddings.com

www.gorgeous-mommy.com

www.churvah.com

Filed: AOS (pnd) Country: Philippines
Timeline
Posted
so here is my question, if I get a divorce here will I still have to go to the Philippines to file it with the NSO ? or is it automaitcally dissolved after filing it here ?

you need to submit divorced copy to NSO for the marriage to be dissolved..if you dont want to do it by yourself..you can hire a filipino atty to do it for you.

for us, we didnt hire an atty for this..my fiance just accomplished his divorce & he will forward it himself to NSO next month..cheaper for us ;)

we're just lucky we have lawyer friends whom we were able to have legal advice for free.. ;)

but if you feel that you need a legal help for this. i can refer you to some of my lawyer friends.. whom i assures you will not give you high charges for this.

would this be an uncontested divorce since there is no way of finding her for a signature ? how would this work on the decree since it wont have her signature ?

there's some legal offices there in US..who offers SELF DIVORCED PROGRAM...mostly are in Las Vegas

Dong & Dang

12/28/2007.....Sent Packet for AOS application

12/29/2007.....USCIS Chicago received our AOS Packet

01/22/2008.....Date of two NOA1 (I-797C) for I-765-EAD & I-131-Application for Travel Document

[Received in mail last 01/26/07]

01/24/2008.....USCIS Chicago encashed our checks

01/28/2008.....Received NOA1 for I-485 though notice, dated 01/22/2008

01/30/2008.....Received Biometrics schedule, Notice date 01/25/2008

02/15/2008.....Biometrics Schedule

02/20/2008.....Confirmation of receipt of RFE (source:USCIS case online update)

02/21/2008.....touched

03/03/2008.....Issued I-512L, Authorization for Parole of an Alien into the United States

03/06/2008.....Issued EAD Card (Employment Authorization)

04/23/2008.....Received Interview Schedule

06/11/2008.....Interview Schedule - Phoenix, AZ

06/14/2008.....Received Notice for the Approval of AOS Application

06/16/2008.....Received Green Card.

www.annie-thejourney.com

www.unforgettable-weddings.com

www.gorgeous-mommy.com

www.churvah.com

Posted

Yup, if you're legally married there, you're legally married here. You need the divorce decree before you can file the K-1 petition. If you are having difficulty getting a divorce, I would say its time to bring in a lawyer so you can get on with your goals. Best of luck! :)

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Back in Oct of 2003 I got married in the Philippines, after a few months my wife took off on me and was nowhere to be found, she disappeared from the face of the Earth due to the reason that I didn't want to convert to her religion of Iglesia Ni Cristo (Church of Christ). Recently I was there and found the right person for me, I would like to bring her here. What do I do ? Since I got married in the Philippines does that mean I am legally married here in the States as well ? if not can I just file a fiance petition without a divorce decree ? or am I going to still need a divorce decree ? how would I go about doing this since the wife is nowhere to be found ? If I was asked I feel as if im still single.

I am lost and dont know what exactly what to do. Please help me.

thanks

hi rosal548,

im speaking in behalf of my USC fiance. you have two has almost the same situation before.

anyway, he got married before in the phils..things didnt work out well so he asked for a divorce.

This is what he did...

- Filed for a Divorce.

> he saw this legal office in Las Vegas, who provides service of Self-Divorce. Since you're former partner was nowhere to find..then this is the best thing that you can do. You just need a signature, from somebody in the phils to sign in the divorce paper - that your former partner is nowhere to find.

it took us 3 months to wait for the divorce result.

- Once you got the divorced paper, you can now apply for the K1 application for your new girlfriend. Just keep in mind, that you must personally meet your new GF prior to this application, so you wouldnt have a problem in the near future with this application.

Dont forget to attached a copy of your divorced paper in form 1-129F.

Now, if you are worrying about the Phils NSO Records. You just need to submit a copy of divorced paper to NSO to clear your name - actually, this matter most on your former partner..since shes the one who is a filipino citizen. you can do this step even after you accomplish the divorced paper or even the fiance visa application..

my fiance, up to now havent submitted yet a copy of his divorced paper to NSO. we're planning to do that by next month..since both of us will be in the phils.

i hope this enlighten you..

best regards,

alexandra

Please ! I would greatly appreciate it if you forward me the info for your friends.

Filed: Timeline
Posted (edited)

rosal,

Somehow this story doesn't seem to be consistent with your post of 2 weeks ago, when you wanted to patch things up with a wife with whom you'd fought over converting to her religion?

http://www.visajourney.com/forums/index.ph...mp;#entry982517

Who's who and what's what?

Yodrak

Back in Oct of 2003 I got married in the Philippines, after a few months my wife took off on me and was nowhere to be found, she disappeared from the face of the Earth due to the reason that I didn't want to convert to her religion of Iglesia Ni Cristo (Church of Christ). Recently I was there and found the right person for me, I would like to bring her here. What do I do ? Since I got married in the Philippines does that mean I am legally married here in the States as well ? if not can I just file a fiance petition without a divorce decree ? or am I going to still need a divorce decree ? how would I go about doing this since the wife is nowhere to be found ? If I was asked I feel as if im still single.

I am lost and dont know what exactly what to do. Please help me.

thanks

ramos,

Why are you citing California family law to a person who appears to be in Nevada?

Yodrak

Here is what you need to go read.

2311. Irreconcilable differences are those grounds which are

determined by the court to be substantial reasons for not continuing

the marriage and which make it appear that the marriage should be

dissolved.

http://www.leginfo.ca.gov/cgi-bin/displayc...;file=2310-2313

Main url is:

http://www.leginfo.ca.gov/cgi-bin/calawque...dy=&hits=20

Sincerely,

Ramos

Edited by Yodrak
 
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